Solicitors Act 1974

• (e) partly in one mode and partly in another.

• (5) The general principles prescribed by an order under this section may provide that the amount of such remuneration is to be determined by having regard to all or any of the following, among other, considerations, that is to say—

• (a) the position of the party for whom the solicitor is concerned in the business, that is, whether he is vendor or purchaser, lessor or lessee, mortgagor or mortgagee, or the like;

• (b) the place where, and the circumstances in which, the business or any part of it is transacted;

• (c) the amount of the capital money or rent to which the business relates;

• (d) the skill, labour and responsibility on the part of the solicitor , or any employee of his who is an authorised person, which the business involves;

• (e) the number and importance of the documents prepared or perused, without regard to length.

• (5A) In subsection (5) “authorised person” means a person who is an authorised person in relation to an activity which is a reserved legal activity, within the meaning of the Legal Services Act 2007 (see section 18 of that Act).

• (6) An order under this section may authorise and regulate—

• (a) the taking by a solicitor from his client of security for payment of any remuneration, to be ascertained by assessment or otherwise, which may become due to him under any such order; and

• (b) the allowance of interest.

• (7) So long as an order made under this section is in operation the assessment of bills of costs of solicitors in respect of non–contentious business shall, subject to the provisions of section 57, be subject to that order.

• (8) Any order made under this section may be varied or revoked by a subsequent order so made.

• (9) The power to make orders under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and the Statutory Instruments Act 1946 shall apply to a statutory instrument containing such an order in like manner as if the order had been made by a Minister of the Crown.

Non-contentious business agreements

57

• (1) Whether or not any order is in force under section 56, a solicitor and his client may, before or after or in the course of the transaction of any non–contentious business by the solicitor, make an agreement as to his remuneration in respect of that business.

• (2) The agreement may provide for the remuneration of the solicitor by a gross sum or by reference to an hourly rate, or by a commission or percentage, or by a salary, or otherwise, and it may be made on the terms that the amount of the remuneration stipulated for shall or shall not include all or any disbursements made by the solicitor in respect of searches, plans, travelling, taxes , fees or other matters.

• (3) The agreement shall be in writing and signed by the person to be bound by it or his agent in that behalf.

• (4) Subject to subsections (5) and (7), the agreement may be sued and recovered on or set aside in the like manner and on the like grounds as an agreement not relating to the remuneration of a solicitor.

• (5) If on any assessment of costs the agreement is relied on by the solicitor and objected to by the client as unfair or unreasonable, the costs officer may enquire into the facts and certify them to the court, and if from that certificate it appears just to the court that the agreement should be set aside, or the amount payable under it reduced, the court may so order and may give such consequential directions as it thinks fit.

• (6) Subsection (7) applies where the agreement provides for the remuneration of the solicitor to be by reference to an hourly rate.

• (7) If, on the assessment of any costs, the agreement is relied on by the solicitor and the client objects to the amount of the costs (but is not alleging that the agreement is unfair or unreasonable), the costs officer may enquire into—

• (a) the number of hours worked by the solicitor; and

• (b) whether the number of hours worked by him was excessive.

Remuneration of a solicitor who is a mortgagee

58

• (1) Where a mortgage is made to a solicitor, either alone or jointly with any other person, he or the firm of which he is a member shall be entitled to recover from the mortgagor in respect of all business transacted and acts done by him or them in negotiating the loan, deducing and investigating the title to the property, and preparing and completing the mortgage, such usual costs as he or they would have been entitled to receive if the mortgage had been made to a person who was not a solicitor and that person had retained and employed him or them to transact that business and do those acts.

• (2) Where a mortgage has been made to, or has become vested by transfer or transmission in, a solicitor, either alone or jointly with any other person, and any business is transacted or acts are done by that solicitor or by the firm of which he is a member in relation to that mortgage or the security thereby created or the property thereby charged, he or they shall be entitled to recover from the person on whose behalf the business was transacted or the acts were done, and to charge against the security, such usual costs as he or they would have been entitled to receive if the mortgage had been made to and had remained vested in a person who was not a solicitor and that person had retained and employed him or them to transact that business and do those acts.

• (3) In this section “mortgage” includes any charge on any property for securing money or money’s worth.

Contentious business

Contentious business agreements

59

• (1) Subject to subsection (2), a solicitor may make an agreement in writing with his client as to his remuneration in respect of any contentious business done, or to be done, by him (in this Act referred to as a “contentious business agreement”) providing that he shall be remunerated by a gross sum or by reference to an hourly rate, or by a salary, or otherwise, and whether at a higher or lower rate than that at which he would otherwise have been entitled to be remunerated.

• (2) Nothing in this section or in sections 60 to 63 shall give validity to—

• (a) any purchase by a solicitor of the interest, or any part of the interest, of his client in any action, suit or other contentious proceeding; or

• (b) any agreement by which a solicitor retained or employed to prosecute any action, suit or other contentious proceeding, stipulates for payment only in the event of success in that action, suit or proceeding; or

• (c) any disposition, contract, settlement, conveyance, delivery, dealing or transfer which under the law relating to bankruptcy is invalid against a trustee or creditor in any bankruptcy or composition.

Effect of contentious business agreements

60

• (1) Subject to the provisions of this section and to sections 61 to 63, the costs of a solicitor in any case where a contentious business agreement has been made shall not be subject to assessment or (except in the case of an agreement which provides for the solicitor to be remunerated by reference to an hourly rate) to the provisions of section 69.

• (2) Subject to subsection (3), a contentious business agreement shall not affect the amount of, or any rights or remedies for the recovery of, any costs payable by the client to, or to the client by, any person other than the solicitor, and that person may, unless he has otherwise agreed, require any such costs to be assessed according to the rules for their assessment for the time being in force.

• (3) A client shall not be entitled to recover from any other person under an order for the payment of any costs to which a contentious business agreement relates more than the amount payable by him to his solicitor in respect of those costs under the agreement.

• (4) A contentious business agreement shall be deemed to exclude any claim by the solicitor in respect of the business to which it relates other than—

• (a) a claim for the agreed costs; or

• (b) a claim for such costs as are expressly excepted from the agreement.

• (5) A provision in a contentious business agreement that the solicitor shall not be liable for his negligence, or that of any employee of his, shall be void if the client is a natural person who, in entering that agreement, is acting for purposes which are outside his trade, business or profession.

• (6) A provision in a contentious business agreement that the solicitor shall be relieved from any responsibility to which he would otherwise be subject as a solicitor shall be void.

Enforcement of contentious business agreements

61

• (1) No action shall be brought on any contentious business agreement, but on the application of any person who—

• (a) is a party to the agreement or the representative of such a party; or

• (b) is or is alleged to be liable to pay, or is or claims to be entitled to be paid, the costs due or alleged to be due in respect of the business to which the agreement relates,

the court may enforce or set aside the agreement and determine every question as to its validity or effect.

• (2) On any application under subsection (1), the court—

• (a) if it is of the opinion that the agreement is in all respects fair and reasonable, may enforce it;

• (b) if it is of the opinion that the agreement is in any respect unfair or unreasonable, may set it aside and order the costs covered by it to be assessed as if it had never been made;

• (c) in any case, may make such order as to the costs of the application as it thinks fit.

• (3) If the business covered by a contentious business agreement (not being an agreement to which section 62 applies) is business done, or to be done, in any action, a client who is a party to the agreement may make application to a costs officer of the court for the agreement to be examined.

• (4) A costs officer before whom an agreement is laid under subsection (3) shall examine it and may either allow it, or, if he is of the opinion that the agreement is unfair or unreasonable, require the opinion of the court to be taken on it, and the court may allow the agreement or reduce the amount payable under it, or set it aside and order the costs covered by it to be assessed as if it had never been made.

• (4A) Subsection (4B) applies where a contentious business agreement provides for the remuneration of the solicitor to be by reference to an hourly rate.

• (4B) If on the assessment of any costs the agreement is relied on by the solicitor and the client objects to the amount of the costs (but is not alleging that the agreement is unfair or unreasonable), the costs officer may enquire into—

• (a) the number of hours worked by the solicitor; and

• (b) whether the number of hours worked by him was excessive.

• (5) Where the amount agreed under any contentious business agreement is paid by or on behalf of the client or by any person entitled to do so, the person making the payment may at any time within twelve months from the date of payment, or within such further time as appears to the court to be reasonable, apply to the court, and, if it appears to the court that the special circumstances of the case require it to be re–opened, the court may, on such terms as may be just, re–open it and order the costs covered by the agreement to be assessed and the whole or any part of the amount received by the solicitor to be repaid by him.

• (6) In this section and in sections 62 and 63 “the court” means—

• (a) in relation to an agreement under which any business has been done in any court having jurisdiction to enforce and set aside agreements, any such court in which any of that business has been done;

• (b) in relation to an agreement under which no business has been done in any such court, and under which more than £50 is payable, the High Court;

• (c) in relation to an agreement under which no business has been done in any such court and under which not more than £50 is payable, the county court which would, but for the provisions of subsection (1) prohibiting the bringing of an action on the agreement, have had jurisdiction in any action on it;

and for the avoidance of doubt it is hereby declared that in paragraph (a) “court having jurisdiction to enforce and set aside agreements” includes the county court.

Contentious business agreements by certain representatives

62

• (1) Where the client who makes a contentious business agreement makes it as a representative of a person whose property will be chargeable with the whole or part of the amount payable under the agreement, the agreement shall be laid before a costs officer of the court before payment.

• (2) A costs officer before whom an agreement is laid under subsection (1) shall examine it and may either allow it, or, if he is of the opinion that it is unfair or unreasonable, require the opinion of the court to be taken on it, and the court may allow the agreement or reduce the amount payable under it, or set it aside and order the costs covered by it to be assessed as if it had never been made.

• (3) A client who makes a contentious business agreement as mentioned in subsection (1) and pays the whole or any part of the amount payable under the agreement without it being allowed by the officer or by the court shall be liable at any time to account to the person whose property is charged with the whole or any part of the amount so paid for the sum so charged, and the solicitor who accepts the payment may be ordered by the court to refund the amount received by him.

• (4) A client makes a contentious business agreement as the representative of another person if he makes it—

• (a) as his guardian,

• (b) as a trustee for him under a deed or will,

• (c) as a deputy for him appointed by the Court of Protection with powers in relation to his property and affairs, or

• (d) as another person authorised under that Act to act on his behalf.

Effect on contentious business agreement of death, incapability or change of solicitor

63

• (1) If, after some business has been done under a contentious business agreement but before the solicitor has wholly performed it—

• (a) the solicitor dies, or becomes incapable of acting; or

• (b) the client changes his solicitor (as, notwithstanding the agreement, he shall be entitled to do),

any party to, or the representative of any party to, the agreement may apply to the court, and the court shall have the same jurisdiction as to enforcing the agreement so far as it has been performed, or setting it aside, as the court would have had if the solicitor had not died or become incapable of acting, or the client had not changed his solicitor.

• (2) The court, notwithstanding that it is of the opinion that the agreement is in all respects fair and reasonable, may order the amount due in respect of business under the agreement to be ascertained by assessment, and in that case—

• (a) the costs officer, in ascertaining that amount, shall have regard so far as may be to the terms of the agreement; and

• (b) payment of the amount found by him to be due may be enforced in the same manner as if the agreement had been completely performed.

• (3) If in such a case as is mentioned in subsection (1)(b) an order is made for the assessment of the amount due to the solicitor in respect of the business done under the agreement, the court shall direct the costs officer to have regard to the circumstances under which the change of solicitor has taken place, and the costs officer, unless he is of the opinion that there has been no default, negligence, improper delay or other conduct on the part of the solicitor , or any of his employees, affording the client reasonable ground for changing his solicitor, shall not allow to the solicitor the full amount of the remuneration agreed to be paid to him.

Form of bill of costs for contentious business

64

• (1) Where the remuneration of a solicitor in respect of contentious business done by him is not the subject of a contentious business agreement, then, subject to subsections (2) to (4), the solicitor’s bill of costs may at the option of the solicitor be either a bill containing detailed items or a gross sum bill.

• (2) The party chargeable with a gross sum bill may at any time—

• (a) before he is served with a writ or other originating process for the recovery of costs included in the bill, and

• (b) before the expiration of three months from the date on which the bill was delivered to him,

require the solicitor to deliver, in lieu of that bill, a bill containing detailed items; and on such a requirement being made the gross sum bill shall be of no effect.

• (3) Where an action is commenced on a gross sum bill, the court shall, if so requested by the party chargeable with the bill before the expiration of one month from the service on that party of the writ or other originating process, order that the bill be assessed.

• (4) If a gross sum bill is assessed, whether under this section or otherwise, nothing in this section shall prejudice any rules of court with respect to assessment, and the solicitor shall furnish the costs officer with such details of any of the costs covered by the bill as the costs officer may require.

Security for costs and termination of retainer

65

• (1) A solicitor may take security from his client for his costs, to be ascertained by assessment or otherwise, in respect of any contentious business to be done by him.

• (2) If a solicitor who has been retained by a client to conduct contentious business requests the client to make a payment of a sum of money, being a reasonable sum on account of the costs incurred or to be incurred in the conduct of that business and the client refuses or fails within a reasonable time to make that payment, the refusal or failure shall be deemed to be a good cause whereby the solicitor may, upon giving reasonable notice to the client, withdraw from the retainer.

Taxations with respect to contentious business

66

Subject to the provisions of any rules of court, on every assessment of costs in respect of any contentious business, the costs officer may—

• (a) allow interest at such rate and from such time as he thinks just on money disbursed by the solicitor for the client, and on money of the client in the hands of, and improperly retained by, the solicitor or an employee of the solicitor; and

• (b) in determining the remuneration of the solicitor, have regard to the skill, labour and responsibility involved in the business done by him or by any employee of his who is an authorised person (within the meaning of section 56(5A)).

Remuneration—general

Inclusion of disbursements in bill of costs

67

A solicitor’s bill of costs may include costs payable in discharge of a liability properly incurred by him on behalf of the party to be charged with the bill (including counsel’s fees) notwithstanding that those costs have not been paid before the delivery of the bill to that party; but those costs—

• (a) shall be described in the bill as not then paid; and

• (b) if the bill is assessed , shall not be allowed by the costs officer unless they are paid before the assessment is completed.

Power of court to order solicitor to deliver bill, etc.

68

• (1) The jurisdiction of the High Court to make orders for the delivery by a solicitor of a bill of costs, and for the delivery up of, or otherwise in relation to, any documents in his possession, custody or power, is hereby declared to extend to cases in which no business has been done by him in the High Court.

• (2) The county court and the family court each have the same jurisdiction as the High Court to make orders making such provision as is mentioned in subsection (1) in cases where the bill of costs or the documents relate wholly or partly to contentious business done by the solicitor in the county courtor (as the case may be) the family court.

• (3) In this section and in sections 69 to 71 “solicitor” includes the executors, administrators and assignees of a solicitor.

Action to recover solicitor's costs

69

• (1) Subject to the provisions of this Act, no action shall be brought to recover any costs due to a solicitor before the expiration of one month from the date on which a bill of those costs is delivered in accordance with the requirements mentioned in subsection (2); but if there is probable cause for believing that the party chargeable with the costs—

• (a) is about to quit England and Wales, to become bankrupt or to compound with his creditors, or

• (b) is about to do any other act which would tend to prevent or delay the solicitor obtaining payment,

the High Court may, notwithstanding that one month has not expired from the delivery of the bill, order that the solicitor be at liberty to commence an action to recover his costs and may order that those costs be assessed.

• (2) The requirements referred to in subsection (1) are that the bill must be—

• (a) signed in accordance with subsection (2A), and

• (b) delivered in accordance with subsection (2C).

• (2A) A bill is signed in accordance with this subsection if it is—

• (a) signed by the solicitor or on his behalf by an employee of the solicitor authorised by him to sign, or

• (b) enclosed in, or accompanied by, a letter which is signed as mentioned in paragraph (a) and refers to the bill.

• (2B) For the purposes of subsection (2A) the signature may be an electronic signature.

• (2C) A bill is delivered in accordance with this subsection if—

• (a) it is delivered to the party to be charged with the bill personally,

• (b) it is delivered to that party by being sent to him by post to, or left for him at, his place of business, dwelling-house or last known place of abode, or

• (c) it is delivered to that party—

• (i) by means of an electronic communications network, or

• (ii) by other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible,

and that party has indicated to the person making the delivery his willingness to accept delivery of a bill sent in the form and manner used.

• (2D) An indication to any person for the purposes of subsection (2C)(c)—

• (a) must state the address to be used and must be accompanied by such other information as that person requires for the making of the delivery;

• (b) may be modified or withdrawn at any time by a notice given to that person.

• (2E) Where a bill is proved to have been delivered in compliance with the requirements of subsections (2A) and (2C), it is not necessary in the first instance for the solicitor to prove the contents of the bill and it is to be presumed, until the contrary is shown, to be a bill bona fide complying with this Act.

• (2F) A bill which is delivered as mentioned in subsection (2C)(c) is to be treated as having been delivered on the first working day after the day on which it was sent (unless the contrary is proved).

• (3) Where a bill of costs relates wholly or partly to contentious business done in the county court and the amount of the bill does not exceed £5,000, the powers and duties of the High Court under this section and sections 70 and 71 in relation to that bill may be exercised and performed by the county court.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this section references to an electronic signature are to be read in accordance with section 7(2) of the Electronic Communications Act 2000 (c. 7).

• (6) In this section—

• “ electronic communications network ” has the same meaning as in the Communications Act 2003 (c. 21);

• “ working day ” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).

Taxation on application of party chargeable or solicitor

70

• (1) Where before the expiration of one month from the delivery of a solicitor’s bill an application is made by the party chargeable with the bill, the High Court shall, without requiring any sum to be paid into court, order that the bill be assessed and that no action be commenced on the bill until the assessment is completed.

• (2) Where no such application is made before the expiration of the period mentioned in subsection (1), then, on an application being made by the solicitor or, subject to subsections (3) and (4), by the party chargeable with the bill, the court may on such terms, if any, as it thinks fit (not being terms as to the costs of the assessment), order—

• (a) that the bill be assessed; and

• (b) that no action be commenced on the bill, and that any action already commenced be stayed, until the assessment is completed.

• (3) Where an application under subsection (2) is made by the party chargeable with the bill—

• (a) after the expiration of 12 months from the delivery of the bill, or

• (b) after a judgment has been obtained for the recovery of the costs covered by the bill, or

• (c) after the bill has been paid, but before the expiration of 12 months from the payment of the bill.

no order shall be made except in special circumstances and, if an order is made, it may contain such terms as regards the costs of the assessment as the court may think fit.

• (4) The power to order assessment conferred by subsection (2) shall not be exercisable on an application made by the party chargeable with the bill after the expiration of 12 months from the payment of the bill.

• (5) An order for the assessment of a bill made on an application under this section by the party chargeable with the bill shall, if he so requests, be an order for the assessment of the profit costs covered by the bill.

• (6) Subject to subsection (5), the court may under this section order the assessment of all the costs, or of the profit costs, or of the costs other than profit costs and, where part of the costs is not to be assessed, may allow an action to be commenced or to be continued for that part of the costs.

• (7) Every order for the assessment of a bill shall require the costs officer to assess not only the bill but also the costs of the assessment and to certify what is due to or by the solicitor in respect of the bill and in respect of the costs of the taxation .

• (8) If after due notice of any assessment either party to it fails to attend, the officer may proceed with the assessment ex parte.

• (9) Unless—

• (a) the order for assessment was made on the application of the solicitor and the party chargeable does not attend the assessment , or

• (b) the order for assessment or an order under subsection (10) otherwise provides,

the costs of an assessment shall be paid according to the event of the assessment , that is to say, if the amount of the bill is reduced by one fifth, the solicitor shall pay the costs, but otherwise the party chargeable shall pay the costs.

• (10) The costs officer may certify to the court any special circumstances relating to a bill or to the assessment of a bill, and the court may make such order as respects the costs of the assessment as it may think fit.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) In this section “profit costs” means costs other than counsel’s fees or costs paid or payable in the discharge of a liability incurred by the solicitor on behalf of the party chargeable, and the reference in subsection (9) to the fraction of the amount of the reduction in the bill shall be taken, where the assessment concerns only part of the costs covered by the bill, as a reference to that fraction of the amount of those costs which is being assessed.

Taxation on application of third parties

71

• (1) Where a person other than the party chargeable with the bill for the purposes of section 70 has paid, or is or was liable to pay, a bill either to the solicitor or to the party chargeable with the bill, that person, or his executors, administrators or assignees may apply to the High Court for an order for the assessment of the bill as if he were the party chargeable with it, and the court may make the same order (if any) as it might have made if the application had been made by the party chargeable with the bill.

• (2) Where the court has no power to make an order by virtue of subsection (1) except in special circumstances it may, in considering whether there are special circumstances sufficient to justify the making of an order, take into account circumstances which affect the applicant but do not affect the party chargeable with the bill.

• (3) Where a trustee, executor or administrator has become liable to pay a bill of a solicitor, then, on the application of any person interested in any property out of which the trustee, executor or administrator has paid, or is entitled to pay, the bill, the court may order—

• (a) that the bill be assessed on such terms, if any, as it thinks fit; and

• (b) that such payments, in respect of the amount found to be due to or by the solicitor and in respect of the costs of the assessment, be made to or by the applicant, to or by the solicitor, or to or by the executor, administrator or trustee, as it thinks fit.

• (4) In considering any application under subsection (3) the court shall have regard—

• (a) to the provisions of section 70 as to applications by the party chargeable for the assessment of a solicitor’s bill so far as they are capable of being applied to an application made under that subsection;

• (b) to the extent and nature of the interest of the applicant.

• (5) If an applicant under subsection (3) pays any money to the solicitor, he shall have the same right to be paid that money by the trustee, executor or administrator chargeable with the bill as the solicitor had.

• (6) Except in special circumstances, no order shall be made on an application under this section for the assessment of a bill which has already been assessed.

• (7) If the court on an application under this section orders a bill to be assessed, it may order the solicitor to deliver to the applicant a copy of the bill on payment of the costs of that copy.

Supplementary provisions as to taxations

72

• (1) Every application for an order for the assessment of a solicitor’s bill or for the delivery of a solicitor’s bill and for the delivery up by a solicitor of any documents in his possession, custody or power shall be made in the matter of that solicitor.

• (2) Where a costs officer is in the course of assessing a bill of costs, he may request the costs officer of any other court to assist him in assessing any part of the bill, and the costs officer so requested shall assess that part of the bill and shall return the bill with his opinion on it to the costs officer making the request.

• (3) Where a request is made as mentioned in subsection (2), the costs officer who is requested to assess part of a bill shall have such powers, and may take such fees, in respect of that part of the bill, as he would have or be entitled to take if he were assessing that part of the bill in pursuance of an order of the court of which he is an officer; and the costs officer who made the request shall not take any fee in respect of that part of the bill.

• (4) The certificate of the costs officer by whom any bill has been assessed shall, unless it is set aside or altered by the court, be final as to the amount of the costs covered by it, and the court may make such order in relation to the certificate as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.

Charging orders

73

• (1) Subject to subsection (2), any court in which a solicitor has been employed to prosecute or defend any suit, matter or proceedings may at any time—

• (a) declare the solicitor entitled to a charge on any property recovered or preserved through his instrumentality for his assessed costs in relation to that suit, matter or proceeding; and

• (b) make such orders for the assessment of those costs and for raising money to pay or for paying them out of the property recovered or preserved as the court thinks fit;

and all conveyances and acts done to defeat, or operating to defeat, that charge shall, except in the case of a conveyance to a bona fide purchaser for value without notice, be void as against the solicitor.

• (2) No order shall be made under subsection (1) if the right to recover the costs is barred by any statute of limitations.

Special provisions as to contentious business done in county courts

74

• (1) The remuneration of a solicitor in respect of contentious business done by him in the county court shall be regulated in accordance with sections 59 to 73, and for that purpose those sections shall have effect subject to the following provisions of this section.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The amount which may be allowed on the assessment of any costs or bill of costs in respect of any item relating to proceedings in the county court shall not, except in so far as rules of court may otherwise provide, exceed the amount which could have been allowed in respect of that item as between party and party in those proceedings, having regard to the nature of the proceedings and the amount of the claim and of any counterclaim.

Saving for certain enactments

75

Nothing in this Part of this Act shall affect the following enactments, that is to say—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) any of the provisions of the Costs in Criminal Cases Act 1973;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) any other enactment not expressly repealed by this Act which authorises the making of rules or orders or the giving of directions with respect to costs, or which provides that any such rule, order or direction made or given under a previous enactment shall continue in force.

Part IV — Miscellaneous and General

The Society

Non-practising solicitors eligible for membership of Society

76

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual subscription to Society

77

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cessation and suspension of membership of Society

78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committees of the Council

79

• (1) The Council may arrange for any function of the Council (including any function exercisable by the Council by virtue of section 80) to be exercised by—

• (a) a committee of the Council,

• (b) a sub-committee of such a committee,

• (c) a body corporate which is established for the purpose of providing services to the Council (or any committee of the Council) and is a wholly-owned subsidiary of the Society, or

• (d) an individual (whether or not a member of the Society's staff).

• (2) Where by virtue of subsection (1) any function may be discharged by a committee, the committee may arrange for the discharge of the function by—

• (a) a sub-committee of that committee,

• (b) a body corporate which is established for the purpose of providing services to the Council (or any committee of the Council) and is a wholly-owned subsidiary of the Society, or

• (c) an individual (whether or not a member of the Society's staff).

• (3) Where, by virtue of subsection (1) or (2), any function may be discharged by a sub-committee, that sub-committee may arrange for the discharge of the function by an individual (whether or not a member of the Society's staff).

• (4) Arrangements made under this section in respect of a function may provide that the function is to be exercised in accordance with the arrangements only (and not by the delegating body).

• (5) In subsection (4) “the delegating body” means—

• (a) in the case of arrangements under subsection (1), the Council;

• (b) in the case of arrangements under subsection (2), the committee;

• (c) in the case of arrangements under subsection (3), the sub-committee.

• (6) Subsections (2) and (3) have effect subject to any contrary direction given by the Council.

• (7) Where arrangements under subsection (3) relate to a function delegated by a committee under subsection (2), subsection (3) also has effect subject to any contrary direction given by that committee.

• (8) Any power given by subsection (1), (2) or (3) may be exercised so as to impose restrictions or conditions on the body or individual by whom the function is to be discharged.

• (9) A committee or sub-committee may include or consist of individuals other than—

• (a) members of the Council;

• (b) members of the Society;

• (c) solicitors.

• (10) A sub-committee of a committee may also include or consist of individuals other than members of the committee.

• (11) The Council may make arrangements for the appointment and removal of members of any committee to be made other than by the Council.

• (12) A committee or sub-committee may regulate its own procedure, including quorum.

• (13) The validity of any proceedings of a committee or sub-committee is not affected by any vacancy among its members.

• (14) In this section “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.

• (15) This section is subject to any provision to the contrary made by or under any enactment.

Powers to act on behalf of Society

80

• (1) Anything authorised or required to be done by the Society under or in pursuance of this Act or any other enactment (or of any instrument made under this Act or any other enactment) may be done on behalf of the Society by the Council; and the power to delegate functions conferred by section 79 shall include power to delegate functions exercisable by the Council by virtue of this subsection.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In any proceedings a document purporting to be certified by the Secretary of the Society as a copy of a resolution passed by the Council or a committee of the Council or sub–committee on a specified date shall be evidence that that resolution was duly passed by the Council , committee or sub–committee on that date.

Miscellaneous

Administration of oaths and taking of affidavits

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Qualification for holding office of solicitors who have been barristers

82

Power of Society to inspect file of proceedings in bankruptcy of solicitor

83

Where proceedings in bankruptcy have been taken against any solicitor, the Society shall be entitled—

• (a) to inspect the file of those proceedings without payment of any fee; and

• (b) to be supplied with office copies of those proceedings on payment of the usual charge.

Service of documents at solicitor's place of business

84

• (1) For the purpose of facilitating the service of notices and other documents, every solicitor who has in force, or has applied for, a practising certificate shall give notice to the Society of any change in his place or places of business before the expiration of 14 days from the date on which the change takes effect.

• (2) Any notice or other document required or authorised by or by virtue of this Act to be served on any person may be served on him by delivering it to him, by leaving it at his proper address or by sending it by post.

• (3) Any such notice or document may be served on a practising solicitor, without prejudice to any other method of service, by sending it in a registered letter addressed to him at any place specified as his place of business, or one of his places of business, in his latest application for a practising certificate or in any subsequent notice under subsection (1).

Bank accounts

85

Where a solicitor keeps an account with a bank or a building society in pursuance of rules under section 32—

• (a) the bank or society shall not incur any liability, or be under any obligation to make any inquiry, or be deemed to have any knowledge of any right of any person to any money paid or credited to the account, which it would not incur or be under or be deemed to have in the case of an account kept by a person entitled absolutely to all the money paid or credited to it; and

• (b) the bank or society shall not have any recourse or right against money standing to the credit of the account, in respect of any liability of the solicitor to the bank, other than a liability in connection with the account.

Bankers' books

86

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

Interpretation

87

• (1) In this Act, except where the context otherwise requires,—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ bank ” means the Bank of England or a person (other than a building society) who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits ...;

• “ building society ” means a building society within the meaning of the Building Societies Act 1986 . . ..

• “ the Charter ” means the Royal Charter dated 26th February 1845, whereby the Society was incorporated, together with the Royal Charters supplemental to it dated respectively 26th November 1872, 4th June 1903, 2nd June 1909 and 10th March 1954;

• “ client ” includes— in relation to contentious business, any person who as a principal or on behalf of another person retains or employs, or is about to retain or employ, a solicitor, and any person who is or may be liable to pay a solicitor’s costs;in relation to non–contentious business, any person who, as a principal or on behalf of another, or as a trustee or executor, or in any other capacity, has power, express or implied, to retain or employ, and retains or employs or is about to retain or employ, a solicitor, and any person for the time being liable to pay to a solicitor for his services any costs;

• “ client account ” means an account subject to rules under section 32(1)(a) ;

• “ contentious business ” means business done, whether as solicitor or advocate, in or for the purposes of proceedings begun before a court or before an arbitrator . . ., not being business which falls within the definition of non–contentious or common form probate business contained in section 128 of the Senior Courts Act 1981 ;

• “ contentious business agreement ” means an agreement made in pursuance of section 59;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ costs ” includes fees, charges, disbursements, expenses and remuneration;

• “ the Council ” means the Council of the Society elected in accordance with the provisions of the Charter and this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ indemnity rules ” means rules under section 37;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ local law society ” means a society which is for the time being recognised by the Council as representative of solicitors in some particular part of England and Wales;

• “ non–contentious business ” means any business done as a solicitor which is not contentious business as defined by this subsection;

• “officer”, in relation to a limited liability partnership, means a member of the limited liability partnership;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ practising certificate ” has the meaning assigned to it by section 1;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ the roll ” means the list of solicitors of the Senior Courts kept by the Society under section 6;

• “Secretary” of the Society includes any deputy or person appointed temporarily to perform the duties of that office;

• “ the Society ” means the Law Society, that is to say, the Society incorporated and regulated by the Charter;

• “ sole solicitor ” means a solicitor who is the sole principal in a practice (other than an incorporated practice) ;

• ...

• “ solicitor ” means solicitor of the Senior Courts ;

• “ solicitor in Scotland ” means a person enrolled or deemed to have been enrolled as a solicitor in pursuance of the Solicitors (Scotland) Act 1933;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ training regulations ” means regulations under section 2;

• “ the Tribunal ” means the Solicitors Disciplinary Tribunal;

• “ trust ” includes an implied or constructive trust and a trust where the trustee has a beneficial interest in the trust property, and also includes the duties incident to the office of a personal representative, and “ trustee ” shall be construed accordingly;

• “ unqualified person ” means a person who is not qualified under section 1 to act as a solicitor.

• (1A) In this Act “authorised insurer” means—

• (a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance of a relevant class;

• (b) a person who carries on an insurance market activity, within the meaning of section 316(3) of that Act;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1B) A contract of insurance is of a relevant class for the purposes of subsection (1A) if it insures against risks arising from—

• (a) accident;

• (b) credit;

• (c) legal expenses;

• (d) general liability to third parties;

• (e) sickness;

• (f) suretyship;

• (g) miscellaneous financial loss.

• (1C) The definition of “bank” in subsection (1) and subsections (1A) and (1B) must be read with—

• (a) section 22 of the Financial Services and Markets Act 2000;

• (b) any relevant order under that section; and

• (c) Schedule 2 to that Act.

• (2) In this Act—

• (a) references to the removal of a solicitor’s name from the roll are references to its removal at his own request or in pursuance of regulations under section 28(3A);

• (b) references to striking a solicitor’s name off the roll are references to striking it off as a disciplinary sanction; and

• (c) references to removal or striking off include references to deleting an entry made by means of a computer by whatever means are appropriate.

• (3) In this Act, except where otherwise indicated—

• (a) a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered;

• (b) a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered;

• (c) a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered; and

• (d) a reference in a paragraph to a numbered sub–paragraph is a reference to the sub–paragraph of that paragraph so numbered.

• (4) Except where the context otherwise requires, references in this Act to any enactment shall be construed as references to that enactment as amended or applied by or under any other enactment, including this Act.

Saving for solicitors to public departments and City of London

88

• (1) Nothing in this Act shall prejudice or affect any rights or privileges of the solicitor to the Treasury, any other public department, the Church Commissioners or the Duchy of Cornwall, or require any such officer or any clerk or officer appointed to act for him to be admitted or enrolled or to hold a practising certificate in any case where it would not have been necessary for him to be admitted or enrolled or to hold such a certificate if this Act had not been passed.

• (1A) The exemption from the requirement to hold a practising certificate conferred by subsection (1) above shall not apply to solicitors who are Crown Prosecutors.

• (2) Sections 31 and 32(1) shall not apply to, and nothing in this Act shall prejudice or affect any rights or privileges which immediately before the commencement of this Act attached to the office of, the Solicitor of the City of London.

Consequential amendments, repeals, savings, etc.

89

• (1) The enactments specified in Schedule 3 shall have effect subject to the amendments there specified, being amendments consequential upon the provisions of this Act.

• (2) The enactments specified in Schedule 4 are hereby repealed to the extent specified in the third column of that Schedule.

• (3) In so far as any instrument or other document made, issued, served or kept or treated as having been or having effect as if made, issued, served or kept, or other thing done or treated as having been or having effect as if done, under or for the purposes of any of the enactments repealed by this Act (in this section referred to as “the repealed enactments”) could have been made, issued, served, kept or done under or for the purposes of a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if made, issued, served, kept or done under or for the purposes of that corresponding provision; and anything begun under any of the repealed enactments may be continued under any corresponding provision of this Act as if begun under that provision.

• (4) Any enactment or other document referring to any of the repealed enactments shall, so far as may be necessary for preserving its effect, be construed as referring to this Act or to the corresponding provision of this Act.

• (5) References in any enactment or instrument to the disciplinary committee constituted under section 46 of the Solicitors Act 1957 shall be construed as references to the Tribunal.

• (6) References in any enactment to solicitors, attorneys or proctors, or to the registrar of attorneys and solicitors or the registrar of solicitors, shall be construed as references to solicitors and to the Society respectively.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Nothing in this Act shall be taken as prejudicing the operation of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to the effect of repeals).

Short title, commencement and extent

90

• (1) This Act may be cited as the Solicitors Act 1974.

• (2) This Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint, not being earlier than the first day on which all the provisions of the Solicitors (Amendment) Act 1974 are in force.

• (3) If any order made under section 19(7) of the Solicitors (Amendment) Act 1974 makes any savings from the effect of any provision of that Act which it brings into force, the order under subsection (2) may make corresponding savings from the effect of the corresponding provision of this Act.

• (4) The provisions of this Act extend to England and Wales only, with the exception of—

• (a) section 4(4) and the repeal of section 5(3) of the Solicitors Act 1957, which extend to Scotland;

• (b) section 29 and the repeal of section I of the Solicitors (Amendment) Act 1974, which extend to Northern Ireland;

• (c) sections 5(3) and 86, . . . and the repeals of section 5(2) of the Solicitors Act 1957 and paragraphs 1 and 5 of Schedule 2 to the Solicitors (Amendment) Act 1974, all of which extend both to Scotland and to Northern Ireland.

SCHEDULE 1

Part I — Circumstances in which Society may Intervene

1

• (1) Subject to sub–paragraph (2), the powers conferred by Part II of this Schedule shall be exercisable where—

• (a) the Society has reason to suspect dishonesty on the part of—

• (i) a solicitor, or

• (ii) an employee of a solicitor, or

• (iii) the personal representatives of a deceased solicitor,

in connection with that solicitor’s practice or former practice or in connection with any trust of which that solicitor is or formerly was a trustee or that employee is or was a trustee in his capacity as such an employee ;

• (aa) the Society has reason to suspect dishonesty on the part of a solicitor (“S) in connection with—

• (i) the business of any person of whom S is or was an employee, or of any body of which S is or was a manager, or

• (ii) any business which is or was carried on by S as a sole trader;

• (b) the Society considers that there has been undue delay on the part of the personal representatives of a deceased solicitor who immediately before his death was practising as a sole solicitor in connection with that solicitor’s practice or in connection with any trust ;

• (c) the Society is satisfied that a solicitor has failed to comply with rules made by virtue of section 31, 32 or 37(2)(c);

• (d) a solicitor has been made bankrupt or has made a composition or arrangement with his creditors;

• (e) a solicitor has been committed to prison in any civil or criminal proceedings;

• (ee) the Society is satisfied that a sole solicitor is incapacitated by illness , injury or accident to such an extent as to be unable to attend to his practice;

• (f) a solicitor lacks capacity (within the meaning of the Mental Capacity Act 2005) to act as a solicitor and powers under sections 15 to 20 or section 48 of that Act are exercisable in relation to him;

• (g) the name of a solicitor has been removed from or struck off the roll or a solicitor has been suspended from practice.

• (h) the Society is satisfied that a . . . solicitor has abandoned his practice;

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) any power conferred by this Schedule has been exercised in relation to a sole solicitor by virtue of sub–paragraph (1)(a) and he has acted as a sole solicitor within the period of eighteen months beginning with the date on which it was so exercised;

• (k) the Society is satisfied that a person has acted as a solicitor at a time when he did not have a practising certificate which was in force;

• (l) the Society is satisfied that a solicitor has failed to comply with any condition, subject to which his practising certificate was granted or otherwise has effect, to the effect that he may act as a solicitor only—

• (i) in employment which is approved by the Society in connection with the imposition of that condition;

• (ii) as a member of a partnership which is so approved;

• (iii) as a manager of a body recognised by the Society under section 9 of the Administration of Justice Act 1985 and so approved; or

• (iv) in any specified combination of those ways.

• (m) the Society is satisfied that it is necessary to exercise the powers conferred by Part 2 of this Schedule (or any of them) in relation to a solicitor to protect—

• (i) the interests of clients (or former or potential clients) of the solicitor or his firm, or

• (ii) the interests of the beneficiaries of any trust of which the solicitor is or was a trustee.

• (1A) In sub-paragraph (1) “ manager ” has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

On the death of a sole solicitor paragraphs 6 to 8 shall apply to the client accounts of his practice.

3

The powers conferred by Part II of this Schedule shall also be exercisable, subject to paragraphs 5(4) and 10(9), where—

• (a) the Society is satisfied that there has been undue delay—

• (i) on the part of a solicitor in connection with any matter in which the solicitor or his firm is or was acting on behalf of a client or with any trust, or

• (ii) on the part of an employee of a solicitor in connection with any trust of which the employee is or was a trustee in his capacity as such an employee; and

• (b) the Society by notice in writing invites the solicitor to give an explanation within a period of not less than 8 days specified in the notice; and

• (c) the solicitor fails within that period to give an explanation which the Society regards as satisfactory; and

• (d) the Society gives notice of the failure to the solicitor and (at the same or any later time) notice that the powers conferred by Part II of this Schedule are accordingly exercisable.

4

• (1) Where the powers conferred by Part II of this Schedule are exercisable in relation to a solicitor, they shall continue to be exercisable after his death or after his name has been removed from or struck off the roll.

• (2) The references to the solicitor or his firm in paragraphs 5(1), 6(2) and (3) , 6A, 8, 9(1) , (5) and (6) and 10(2) and (7) include, in any case where the solicitor has died, references to his personal representatives.

Part II — Powers Exercisable on Intervention

Money

5

• (1) The High Court, on the application of the Society, may order that no payment shall be made without the leave of the court by any person (whether or not named in the order) of any money held by him (in whatever manner and whether it was received before or after the making of the order) on behalf of the solicitor or his firm.

• (2) No order under this paragraph shall take effect in relation to any person to whom it applies unless the Society has served a copy of the order on him (whether or not he is named in it) and, in the case of a bank or other financial institution, has indicated at which of its branches the Society believes that the money to which the order relates is held.

• (3) A person shall not be treated as having disobeyed an order under this paragraph by making a payment of money if he satisfies the court that he exercised due diligence to ascertain whether it was money to which the order related but nevertheless failed to ascertain that the order related to it.

• (4) This paragraph does not apply where the powers conferred by this Part of this Schedule are exercisable by virtue of paragraph 3.

6

• (1) Without prejudice to paragraph 5, if the Society passes a resolution to the effect that any sums of money to which this paragraph applies, and the right to recover or receive them, shall vest in the Society, all such sums shall vest accordingly (whether they were received by the person holding them before or after the Society's resolution) and shall be held by the Society on trust to exercise in relation to them the powers conferred by this Part of this Schedule and subject thereto and to rules under paragraph 6B upon trust for the persons beneficially entitled to them.

• (2) This paragraph applies—

• (a) where the powers conferred by this paragraph are exercisable by virtue of paragraph 1, to all sums of money held by or on behalf of the solicitor or his firm in connection with

• (i) his practice or former practice,

• (ii) any trust of which he is or formerly was a trustee, or

• (iii) any trust of which a person who is or was an employee of the solicitor is or was a trustee in the person's capacity as such an employee;

• (b) where they are exercisable by virtue of paragraph 2, to all sums of money in any client account; and

• (c) where they are exercisable by virtue of paragraph 3, to all sums of money held by or on behalf of the solicitor or his firm in connection with the trust or other matter in connection with which the Society is satisfied there has been undue delay as mentioned in sub-paragraph (a) of that paragraph.

• (3) The Society shall serve on the solicitor or his firm and on any other person having possession of sums of money to which this paragraph applies a certified copy of the Council’s resolution and a notice prohibiting the payment out of any such sums of money.

• (4) Within 8 days of the service of a notice under sub–paragraph (3), the person on whom it was served, on giving not less than 48 hours’ notice in writing to the Society and (if the notice gives the name of the solicitor instructed by the Society) to that solicitor, may apply to the High Court for an order directing the Society to withdraw the notice.

• (5) If the court makes such an order, it shall have power also to make such other order with respect to the matter as it may think fit.

• (6) If any person on whom a notice has been served under sub–paragraph (3) pays out sums of money at a time when such payment is prohibited by the notice, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

7

• (1) If the Society takes possession of any sum of money to which paragraph 6 or 6A(3) applies, the Society shall pay it into a special account in the name of the Society or of a person nominated on behalf of the Society, or into a client account of a solicitor nominated on behalf of the society, and any such person or solicitorshall hold that sum on trust to permit the Society to exercise in relation to it the powers conferred by this Part of this Schedule and subject thereto and to rules under paragraph 6B on trust for the persons beneficially entitled to it.

• (2) A bank or other financial institutionat which a special account is kept shall be under no obligation to ascertain whether it is being dealt with properly.

8

Without prejudice to paragraphs 5 to 7, if the High Court is satisfied, on an application by the Society, that there is reason to suspect that any person holds money on behalf of the solicitor or his firm, the court may require that person to give the Society information as to any such money and the accounts in which it is held.

Documents

9

• (1) The Society may give notice to the solicitor or his firm requiring the production or delivery to any person appointed by the Society at a time and place to be fixed by the Society—

• (a) where the powers conferred by this Part of this Schedule are exercisable by virtue of paragraph 1, of all documents in the possession or under the control of the solicitor or his firm in connection with his practice or former practice or with any trust of which the solicitor is or was a trustee; and

• (b) where they are exercisable by virtue of paragraph 3, of all documents in the possession or under the control of the solicitor or his firm in connection with the trust or other matters of which the Society is satisfied(whether or not they relate also to other matters).

• (2) The person appointed by the Society may take possession of any such documents on behalf of the Society.

• (3) Except in a case where an application has been made to the High Court under sub–paragraph (4), if any person having possession or control of any such documents refuses, neglects or otherwise fails to comply with a requirement under sub–paragraph (1), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) The High Court, on the application of the Society, may order a person required to produce or deliver documents under sub–paragraph (1) to produce or deliver them to any person appointed by the Society at such time and place as may be specified in the order, and authorise him to take possession of them on behalf of the Society.

• (5) If on an application by the Society the High Court is satisfied that there is reason to suspect that documents in relation to which the powers conferred by sub–paragraph (1) are exercisable have come into the possession or under the control of some person other than the solicitor or his firm, the court may order that person to produce or deliver the documents to any person appointed by the Society at such time and place as may be specified in the order and authorise him to take possession of them on behalf of the Society.

• (5A) In the case of a document which consists of information which is stored in electronic form, a requirement imposed by a notice under sub-paragraph (1) or an order under sub-paragraph (4) or (5), is a requirement to produce or deliver the information in a form in which it is legible or from which it can readily be produced in a legible form.

• (6) On making an order under this paragraph, or at any later time, the court, on the application of the Society, may authorise a person appointed by the Society to enter any premises (using such force as is reasonably necessary) to search for and take possession of

• (a) any documents to which the order relates.

• (b) any property—

• (i) in the possession of or under the control of the solicitor or his firm, or

• (ii) in the case of an order under sub-paragraph (5), which was in the possession or under the control of such a person and has come into the possession or under the control of the person in respect of whom the order is made,

which the Society reasonably requires for the purpose of accessing information contained in such documents,

and to use property obtained under paragraph (b) for that purpose.

• (7) The Society, on taking possession of any documents or other property under this paragraph, shall serve upon the solicitor or personal representatives and upon any other person from whom they were received on the Society’s behalf or from whose premises they were taken a notice that possession has been taken on the date specified in the notice.

• (8) Subject to sub–paragraph (9) a person upon whom a notice under sub–paragraph (7) is served, on giving not less than 48 hours’ notice to the Society and (if the notice gives the name of the solicitor instructed by the Society) to that solicitor, may apply to the High Court for an order directing the Society to deliver the documents or other property to such person as the applicant may require.

• (9) A notice under sub–paragraph (8) shall be given within 8 days of the service of the Society’s notice under sub–paragraph (7).

• (10) Without prejudice to the foregoing provisions of this Schedule, the Society may apply to the High Court for an order as to the disposal or destruction of any documents or other property in its possession by virtue of this paragraph or paragraph 10.

• (11) On an application under sub–paragraph (8) or (10), the Court may make such order as it thinks fit.

• (12) Except so far as its right to do so may be restricted by an order on an application under sub–paragraph (8) or (10), the Society may take copies of or extracts from any documents in its possession by virtue of this paragraph or paragraph 10 and require any person to whom it is proposed that such documents shall be delivered, as a condition precedent to delivery, to give a reasonable undertaking to supply copies or extracts to the Society.

Mail and other forms of communication

10

• (1) The High Court, on the application of the Society, may from time to time make a communications redirection order.

• (2) A communications redirection order is an order that specified communications to the solicitor or his firm are to be directed, in accordance with the order, to the Society or any person appointed by the Society.

• (3) For the purposes of this paragraph—

• (a) “ specified communications ” means communications of such description as are specified in the order;

• (b) the descriptions of communications which may be so specified include—

• (i) communications in the form of a postal packet;

• (ii) electronic communications;

• (iii) communications by telephone.

• (4) A communications redirection order has effect for such time not exceeding 18 months as is specified in the order.

• (5) Where a communications redirection order has effect, the Society or the person appointed by the Society may take possession or receipt of the communications redirected in accordance with the order.

• (6) Where a communications redirection order is made, the Society must pay to—

• (a) in the case of an order relating to postal packets, the postal operator concerned, and

• (b) in any other case, the person specified in the order,

the like charges (if any) as would have been payable for the redirection of the communications to which the order relates if the addressee had permanently ceased to occupy or use the premises or other destination of the communications and had applied to the postal operator or the specified person (as the case may be) to redirect the communications to him as mentioned in the order.

• (7) The High Court may, on the application of the Society, authorise the Society, or a person appointed by it, to take such steps as may be specified in the order in relation to any website purporting to be or have been maintained by or on behalf of the solicitor or his firm if the High Court is satisfied that the taking of those steps is necessary to protect the public interest or the interests of clients (or potential or former clients) of the solicitor or his firm.

• (8) In this paragraph “ postal operator ” and “ postal packet ” have the meaning given by section 27 of the Postal Services Act 2011.

• (9) This paragraph does not apply where the powers conferred by this Part of this Schedule are exercisable by virtue of paragraph 3.

Trusts

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• (1) If the solicitor or his personal representative is a trustee of a trust , the Society may apply to the High Court for an order for the appointment of a new trustee in substitution for him.

• (2) The Trustee Act 1925 shall have effect in relation to an appointment of a new trustee under this paragraph as it has effect in relation to an appointment under section 41 of that Act.

General

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The powers in relation to sums of money , documents and other property conferred by this Part of this Schedule shall be exercisable notwithstanding any lien on them or right to their possession.

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Subject to any order for the payment of costs that may be made on an application to the court under this Schedule, any costs incurred by the Society for the purposes of this Schedule, including, without prejudice to the generality of this paragraph, the costs of any person exercising powers under this Part of this Schedule on behalf of the Society, shall be paid by the Solicitor or his personal representatives and shall be recoverable from him or them as a debt owing to the Society.

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